principle of allowing room for independence of mind and free debate on a
government’ s policies and actions is fundamental, and is a tried and tested way of
establishing a better level of protection of human rights. Human rights defenders can
assist governments in promoting and protecting human rights. As part of consultation
processes they can play a key role in helping to draft appropriate legislation, and in
helping to draw up national plans and strategies on human rights. This role too should
be recognised and supported.
6. The EU acknowledges that the activities of Human Rights Defenders have over the
years become more recognised. They have increasingly come to ensure greater
protection for the victims of violations. However, this progress has been achieved at a
high price: the defenders themselves have increasingly become targets of attacks and
their rights are violated in many countries. The EU believes it is important to ensure
the safety and protect the rights of human rights defenders. In this regard it is
important to apply a gender perspective when approaching the issue of human rights
defenders.
IV. OPERATIONAL GUIDELINES
7. The operational part of the Guideline is meant to identify ways and means to
effectively work towards the promotion and protection of human rights defenders in
third countries, within the context of the Common Foreign and Security Policy.
Monitoring, reporting and assessment
8. EU Heads of Mission are already requested to provide periodic reports on the
human rights situation in their countries of accreditation. The Council Working Party
on Human Rights (COHOM) has recently approved the outline of fact sheets to
facilitate this task. In line with these fact sheets Missions should address the situation
of human rights defenders in their reporting, noting in particular the occurrence of any
threats or attacks against human rights defenders. In this contexts HoMs should be
aware that the institutional framework can have a major impact on the ability of
human rights defenders to undertake their work in safety. Issues such as legislative,
judicial, administrative or other appropriate measures, undertaken by States to protect
persons against any violence, threats retaliation, de facto or de jure adverse
discrimination, pressure or any other arbitrary action as a consequence of his or her
legitimate exercise of any of the rights referred to the UN Declaration on Human
Rights Defenders are all relevant in this regard. Where it is called for, HoMs should
make recommendations to COHOM for possible EU actions, including condemnation
of threats and attacks against human rights defenders, as well as for demarches and
public statements where human rights defenders are at immediate or serious risk.
HoMs should also report on the effectiveness of EU actions in their reports.
9. The HoMs reports and other relevant information, such as reports and
recommendations from the Special Representative of the Secretary General for
Human Rights Defenders, UN Special Rapporteurs and Treaty Bodies as well as nongovernmental organisations, will enable COHOM and other relevant working parties,
to identify situations where EU actions are called upon and decide actions to be taken
or, where appropriate, make recommendations for such action to PSC / Council.
Role of EU Missions in supporting and protecting human rights defenders
10. In many third countries EU Missions (Embassies of EU Member States and
European Commission Delegations) are the primary interface between the Union and
its Member States and human rights defenders on the ground. They therefore have an
important role to play in putting into practice the EU’ s policy towards human rights
defenders. EU Missions should therefore seek to adopt a proactive policy towards
human rights defenders. They should at the same time be aware that in certain cases
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